----

----

I Acts whose publication is obligatory

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COMMISSION REGULATION (EC) No 1090/2005

of 12 July 2005

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 13 July 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 July 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

----

(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

----

ANNEX

to Commission Regulation of 12 July 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘999’ stands for ‘of other origin’.

----

----

COMMISSION REGULATION (EC) No 1091/2005

of 12 July 2005

implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of salmonella

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (1) and, in particular Article 8(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Use of antimicrobials

1.   Antimicrobials shall not be used as a specific method to control salmonella in breeding flocks of Gallus gallus in the framework of national control programmes adopted pursuant to Article 6 of Regulation (EC) No 2160/2003, except in the circumstances established in paragraph 2.

2.   By way of derogation from paragraph 1, and subject to the conditions specified in points (a), (b) and (c) and in paragraph 3, antimicrobials authorised in accordance with Directive 2001/82/EC or Regulation (EC) No 726/2004 may be used in the following exceptional circumstances:

3.   The use of antimicrobials shall be subject to authorisation and supervision of the competent authority and shall be based wherever possible on the results of bacteriological sampling and of susceptibility testing.

Article 2

Use of vaccines

Live salmonella vaccines for which the manufacturer does not provide an appropriate method to distinguish bacteriologically wild-type strains of salmonella from vaccine strains shall not be used in the framework of national control programmes adopted pursuant to Article 6 of Regulation (EC) No 2160/2003.

Article 3

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 July 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

----

(1)OJ L 325, 12.12.2003, p. 1.

(2)OJ L 311, 28.11.2001, p. 1. Directive as last amended by Directive 2004/28/EC (OJ L 136, 30.4.2004, p. 58).

(3)OJ L 136, 30.4.2004, p. 1.

----

----

COMMISSION REGULATION (EC) No 1092/2005

of 12 July 2005

suspending the system of advances of aid to compensate for loss of income from marketing in the banana sector in respect of 2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas (1), and in particular Article 14 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The submission of applications for advances on the compensatory aid provided for in Articles 4, 5 and 7 of Regulation (EEC) No 1858/93 in respect of 2005 is hereby suspended.

Article 2

Notwithstanding Article 10 of Regulation (EEC) No 1858/93, no advances on the compensatory aid will be paid for bananas marketed after 30 April 2005.

Article 3

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 July 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

(1)OJ L 47, 25.2.1993, p. 1. Regulation as last amended by the 2003 Act of Accession.

(2)OJ L 170, 13.7.1993, p. 5. Regulation as last amended by Regulation (EC) No 789/2005 (OJ L 132, 26.5.2005, p. 13).

(3)OJ L 118, 5.5.2005, p. 12.

----

----

COMMISSION REGULATION (EC) No 1093/2005

of 12 July 2005

on the issuing of system A3 export licences in the fruit and vegetables sector (tomatoes, oranges, table grapes, apples and peaches)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular the third subparagraph of Article 35(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

In the case of tomatoes, oranges, table grapes, apples and peaches, the maximum refund rates and the percentages for reducing the quantities awarded under the invitation to tender opened by Regulation (EC) No 979/2005 shall be fixed in the Annex.

Article 2

This Regulation shall enter into force on 13 July 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 July 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

----

(1)OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

(2)OJ L 166, 28.6.2005, p. 5.

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ANNEX

Issuing of system A3 export licences in the fruit and vegetable sector (tomatoes, oranges, table grapes, apples and peaches)

----

----

COMMISSION REGULATION (EC) No 1094/2005

of 12 July 2005

fixing the export refunds on olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (1), and in particular Article 3(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(2)(c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 13 July 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 July 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

----

(1)OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by Regulation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97).

(2)OJ L 78, 31.3.1972, p. 1. Regulation as last amended by Regulation (EEC) No 2962/77 (OJ L 348, 30.12.1977, p. 53).

----

ANNEX

to the Commission Regulation of 12 July 2005 fixing the export refunds on olive oil

----

II Acts whose publication is not obligatory

Council

----

COUNCIL DECISION

of 31 January 2005

on the signing of an Agreement for scientific and technological cooperation between the European Community and the Arab Republic of Egypt

(2005/492/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 170 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS DECIDED AS FOLLOWS:

Sole Article

The President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the Community, the Agreement for scientific and technological cooperation between the European Community and the Arab Republic of Egypt, subject to its possible conclusion at a later date.

The text of the Agreement is attached to this Decision.

Done at Brussels, 31 January 2005.

For the Council

The President

J. ASSELBORN

----

AGREEMENT

for scientific and technological cooperation between the European Community and the Arab Republic of Egypt

THE EUROPEAN COMMUNITY, (hereinafter referred to as the ‘Community’)

of the one part,

and

THE ARAB REPUBLIC OF EGYPT (hereinafter referred to as ‘Egypt’),

of the other part,

Hereinafter referred to as the ‘Parties’,

CONSIDERING the Treaty establishing the European Community and in particular Article 170 thereof, in conjunction with the first sentence of Article 300(2) and the first subparagraph of Article 300(3) thereof,

CONSIDERING Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration projects, contributing to the creation of the European Research Area and to innovation (2002-2006) (1);

CONSIDERING the importance of science and technology for their economic and social development and the reference which was made in Article 43 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, on the one hand, and the Arab Republic of Egypt, on the other hand, signed on 25 June 2001;

WHEREAS the Community and Egypt undertook common research, technological development and demonstration activities, in various fields of common interest, and whereas it would be to their mutual advantage were each one of them to take part in the activities of research and development of the other, on a reciprocity basis;

WISHING to establish a formal framework for cooperation in scientific and technological research which would make it possible to extend and intensify cooperative efforts in the fields of common interest and to encourage the use of the results of this cooperation considering their mutual economic and social interests;

WISHING to open the European Research Area to non-member countries, and in particular to the Mediterranean partner countries,

HAVE AGREED AS FOLLOWS:

Article 1

Scope and principles

1.   The Parties shall encourage, develop and facilitate cooperative activities between the Community and Egypt in fields of common interest where they are pursuing research and development activities in science and technology.

2.   Cooperative activities shall be conducted on the basis of the following principles:

Article 2

Means of cooperation

1.   Legal entities established in Egypt, as defined in Annex I, including either physical persons or private or public moral persons, shall participate in indirect actions of the Community’s Framework programme for research and technological development and demonstration activities (hereinafter referred to as the ‘EC Framework programme’) under the same conditions as those applicable to legal entities of Member States of the European Union, subject to the terms and conditions established by, or referred to in, Annexes I and II.

2.   Legal entities established in the Member States of the Community shall participate in Egypt’s research programmes and projects in themes equivalent to those of the EC Framework programme under the same conditions as those applicable to legal entities of Egypt, subject to the terms and conditions established by, or referred to in, Annexes I and II.

3.   Cooperation may also take the following forms and means:

Article 3

Enhancement of cooperation

1.   The Parties shall make every effort, within the framework of their applicable legislation, to facilitate the free movement and residence of research workers participating in the activities covered by this Agreement and to facilitate cross-border movement of goods intended for use in such activities.

2.   Where, in accordance with its own rules, the Community unilaterally grants funding to a legal entity of Egypt participating in a Community indirect action, Egypt shall ensure that no charge or levy is imposed upon that transaction.

Article 4

Management of the Agreement

EC-Egypt Joint Scientific and Technological Cooperation Committee

1.   The coordination and facilitation of activities under this Agreement shall be accomplished on behalf of Egypt by the Academy of Scientific Research and Technology and on behalf of the Community by the services of the Commission of the European Communities in charge of the Framework programme, acting as executive agents of the Parties (hereinafter referred to as ‘Executive Agents’).

2.   The Executive Agents shall establish a joint committee called ‘EC-Egypt Joint Scientific and Technological Cooperation Committee’ (hereinafter referred to as the ‘Joint Committee’), whose functions shall include:

3.   The Joint Committee, which shall be composed of representatives of the Executive Agents, shall adopt its rules of procedure.

4.   The Joint Committee shall meet at least once a year, alternately in the Community and in Egypt. Extraordinary meetings shall be held at the request of one or other of the Parties. The conclusions and recommendations of the Joint Committee will be sent for information to the Association Committee of the Euro-Mediterranean Agreement between the European Union and the Arab Republic of Egypt.

Article 5

Financing

The reciprocal participations in research activities under this Agreement shall be set according to the conditions defined in Annex I and shall be subject to legislation, regulations, policies and conditions of implementation of the programmes in force on the territory of each Party.

Article 6

Dissemination and use of the results and information

The dissemination and use of the achieved and/or exchanged results as well as those of information, management, allocation and exercise of intellectual property rights resulting from the research activities undertaken under this Agreement shall be subject to the conditions provided for in Annex II.

Article 7

Final provisions

1.   Annexes I and II shall form an integral part of this Agreement.

All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by mutual agreement of the Parties.

2.   This Agreement shall enter into force when the Parties have notified each other of the completion of their internal procedures for its conclusion. Pending the completion by the Parties of their internal procedures for its conclusion, the Parties shall provisionally apply this Agreement upon its signature.

Should one Party notify the other that it will not conclude the Agreement, it is hereby mutually agreed that projects and activities launched under this provisional application and that are still in progress at the time of the abovementioned notification shall continue until their completion under the conditions laid down in this Agreement.

3.   Either of the Parties may terminate this Agreement at any time upon 12 months’ notice.

Projects and activities in progress at the time of termination of this Agreement shall continue until their completion under the conditions laid down in this Agreement.

4.   Should one of the Parties decide to amend its research programmes and projects referred to in Article 1(1), that Party’s Executive Agent shall notify the other Party’s Executive Agent of the precise content of the amendments in question.

By way of derogation from the second subparagraph of paragraph 2, this Agreement may be terminated under mutually agreed conditions should either of the Parties notify the other within one month after the adoption of the amendments referred to in the first subparagraph of its intention to terminate this Agreement.

5.   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Arab Republic of Egypt. This shall not prevent the conduct of cooperative activities on the high seas, in outer space or in the territory of third countries, in accordance with international law.

6.   This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.

Hecho en El Cairo, el veintiuno de junio de dos mil cinco.

Udfærdiget i Kairo den enogtyvende juni to tusind og fem.

Geschehen zu Kairo am einundzwanzigsten Juni zweitausendfünf.

Έγινε στο Κάιρο, στις είκοσι μία Ιουνίου δύο χιλιάδες πέντε.

Done at Cairo on the twenty-first day of June in the year two thousand and five.

Fait au Caire, le vingt-et-un juin deux mille cinq.

Fatto a il Cairo, addì ventuno giugno duemilacinque.

Gedaan te Kaïro, de eenentwintigste juni tweeduizend vijf.

Feito no Cairo, em vinte e um de Junho de dois mil e cinco.

Tehty Kairossa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna kaksituhattaviisi.

Som skedde i Kairo den tjugoförsta juni tjugohundrafern.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

För Europeiska gemenskapen

Por el Gobierno de la República Árabe de Egipto

På vegne af Den Arabiske Republik Egyptens regering

Für die Regierung der Arabischen Republik Ägypten

Για την Κυβέρνηση της Αραβικής Δημοκρατίας της Αιγύπτου

For the Government of the Arab Republic of Egypt

Pour le gouvernement de la République arabe d’Égypte

Per il Governo della Repubblica araba di Egitto

Voor de regering van de Arabische Republiek Egypte

Pelo Governo da República Árabe do Egipto

Egyptin arabitasavallan hallituksen puolesta

För Arabrepubliken Egyptens regering

----

(1)OJ L 232, 29.8.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

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ANNEX I

Terms and conditions for the participation of legal entities of Member States of the European Union and of Egypt

For the purpose of this Agreement, a legal entity means any natural person, or any legal person created under the national law of its place of establishment or under Community law or international law, having legal personality and being entitled to have rights and obligations of any kind in its own name.

I.   TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES OF EGYPT IN INDIRECT ACTIONS OF THE EC FRAMEWORK PROGRAMME

II.   TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES OF MEMBER STATES OF THE EUROPEAN UNION IN EGYPTIAN RESEARCH PROGRAMMES AND PROJECTS

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ANNEX II

Principles on the allocation of intellectual property rights

I.   APPLICATION

For the purposes of this Agreement, ‘intellectual property’ shall have the meaning given in Article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967.

For the purposes of this Agreement, knowledge shall mean the results, including information, whether or not they can be protected, as well as copyrights or rights pertaining to such information following applications for, or the issue of, patents, designs, plant varieties, supplementary protection certificates or similar forms of protection.

II.   INTELLECTUAL PROPERTY RIGHTS OF LEGAL ENTITIES OF THE PARTIES

III.   INTELLECTUAL PROPERTY RIGHTS OF THE PARTIES

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Commission

----

COMMISSION DECISION

of 1 October 2003

relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement against Chisso Corporation, Daicel Chemical Industries Ltd, Hoechst AG, The Nippon Synthetic Chemical Industry Co. Ltd and Ueno Fine Chemicals Industry Ltd

(Case No C.37.370 — Sorbates)

(notified under document number C(2003) 3426)

(Only the English and German texts are authentic)

(Text with EEA relevance)

(2005/493/EC)

On 1 October 2003, the Commission adopted a Decision relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1), the Commission herewith publishes the names of the parties and the main content of the Decision, as well as the penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business interests. A non-confidential version of the full text of the Decision can be found in the authentic languages of the case and in the Commission’s working languages at the Directorate-General for Competition’s website at http://europa.eu.int/comm/competition/index_en.html

I.   SUMMARY OF THE INFRINGEMENT

II.   FINES

----

(1)OJ L 1, 4.1.2003, p. 1.

(2)  Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk.

----

----

COMMISSION DECISION

of 8 July 2005

amending Decision 2005/363/EC concerning animal health protection measures against African swine fever in Sardinia, Italy

(notified under document number C(2005) 2110)

(Text with EEA relevance)

(2005/494/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (3), and particular Articles 4(3) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 2005/363/EC is replaced by the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 8 July 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

----

(1)OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33; corrected version in OJ L 195, 2.6.2004, p. 12).

(2)OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

(3)OJ L 18, 23.1.2003, p. 11.

(4)OJ L 118, 5.5.2005, p. 39.

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ANNEX

‘ANNEX I

Areas of Sardinia as referred to in point (b)(i) of Article 5(2)

----

Acts adopted under Title V of the Treaty on European Union

----

COUNCIL DECISION 2005/495/CFSP

of 13 June 2005

concerning the conclusion of an Agreement between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations is hereby approved on behalf of the European Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.

Article 3

This Decision shall take effect on the day of its adoption.

Article 4

This Decision shall be published in the Official Journal of the European Union.

Done at Luxembourg, 13 June 2005.

For the Council

The President

J. ASSELBORN

----

AGREEMENT

between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations

THE EUROPEAN UNION,

of the one part, and

UKRAINE

of the other part,

hereinafter referred to as the ‘Parties’,

Whereas:

HAVE AGREED AS FOLLOWS:

SECTION I

GENERAL PROVISIONS

Article 1

Decisions relating to participation

1.   Following the decision of the European Union to invite Ukraine to participate in an EU crisis management operation, and once Ukraine has decided to participate, Ukraine shall provide information on its proposed contribution to the European Union.

2.   The assessment by the European Union of Ukraine’s contribution shall be conducted in consultation with Ukraine.

3.   The European Union will provide Ukraine with an early indication of likely contribution to the common costs of the operation as soon as possible with a view to assisting Ukraine in the formulation of its offer.

4.   The European Union shall communicate the outcome of the assessment to Ukraine by letter with a view to securing the participation of Ukraine in accordance with the provisions of this Agreement.

Article 2

Framework

1.   Ukraine shall associate itself with the Joint Action by which the Council of the European Union decides that the EU will conduct the crisis management operation, and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.

2.   The contribution of Ukraine to an EU crisis management operation is without prejudice to the decision-making autonomy of the European Union.

Article 3

Status of personnel and forces

1.   The status of personnel seconded to an EU civilian crisis management operation and/or of the forces contributed to an EU military crisis management operation by Ukraine shall be governed by the agreement on the status of forces/mission, if available, concluded between the European Union and the State(s) in which the operation is conducted.

2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation takes place, shall be governed by arrangements between the headquarters and command elements concerned and Ukraine.

3.   Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1 of this Article, Ukraine shall exercise jurisdiction over its personnel participating in the EU crisis management operation.

4.   Ukraine shall be responsible for answering any claims linked to participation in an EU crisis management operation, from or concerning any of its personnel. Ukraine shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations.

5.   Ukraine undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which Ukraine participates, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.

6.   European Union Member States undertake to make a declaration as regards the waiver of claims, for any future participation of Ukraine in an EU crisis management operation, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.

Article 4

Classified information

1.   Ukraine shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (1), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander concerning an EU military crisis management operation or by the EU Head of Mission concerning an EU civilian crisis management operation.

2.   Where the EU and Ukraine have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of an EU crisis management operation.

SECTION II

GENERAL CONDITIONS ON PARTICIPATION IN CIVILIAN CRISIS MANAGEMENT OPERATIONS

Article 5

Personnel seconded to an EU civilian crisis management operation

1.   Ukraine shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in conformity with:

2.   Ukraine shall inform in due time the EU civilian crisis management operation Head of Mission and the General Secretariat of the Council of the European Union of any change to its contribution to the EU civilian crisis management operation.

3.   Personnel seconded to the EU civilian crisis management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from Ukraine. Personnel seconded to the EU civilian crisis management operation shall produce a copy of this certification.

Article 6

Chain of command

1.   Personnel seconded by Ukraine shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.

2.   All personnel shall remain under the full command of their national authorities.

3.   National authorities shall transfer operational control to the EU civilian crisis management operation Head of Mission, who shall exercise that command through a hierarchical structure of command and control.

4.   The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.

5.   Ukraine shall have the same rights and obligations in terms of day-to-day management of the operation as European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1) of this Agreement.

6.   The EU civilian crisis management operation Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.

7.   A National Contingent Point of Contact (NPC) shall be appointed by Ukraine to represent its national contingent in the operation. The NPC shall report to the EU civilian crisis management operation Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.

8.   The decision to end the operation shall be taken by the European Union, following consultation with Ukraine, provided that Ukraine is still contributing to the EU civilian crisis management operation at the date of termination of the operation.

Article 7

Financial aspects

1.   Ukraine shall assume all the costs associated with its participation in the operation apart from the costs, which are subject to common funding, as set out in the operational budget of the operation. This shall be without prejudice to Article 8.

2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Ukraine shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on status of mission, if available, as referred to in Article 3(1) of this Agreement.

Article 8

Contribution to operational budget

1.   Ukraine shall contribute to the financing of the operational budget of the EU civilian crisis management operation.

2.   The financial contribution of Ukraine to the operational budget shall be the lower amount of the following two alternatives:

3.   Notwithstanding paragraphs 1 and 2, Ukraine shall not make any contribution towards the financing of per diem allowances paid to personnel of the European Union Member States.

4.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to a particular EU civilian crisis management operation when:

5.   An arrangement on the practical modalities of the payment shall be signed between the EU civilian crisis management operation Head of Mission and the relevant administrative services of Ukraine on the contributions of Ukraine to the operational budget of the EU civilian crisis management operation. This arrangement shall, inter alia, include the following provisions:

SECTION III

GENERAL CONDITIONS ON PARTICIPATION IN MILITARY CRISIS MANAGEMENT OPERATIONS

Article 9

Participation in the EU military crisis management operation

1.   Ukraine shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in conformity with:

2.   Personnel seconded by Ukraine shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.

3.   Ukraine shall inform the EU Operation Commander in due time of any change to its participation in the operation.

Article 10

Chain of command

1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.

2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.

3.   Ukraine shall have the same rights and obligations in terms of the day-to-day management, of the operation as participating European Union Member States.

4.   The EU Operation Commander may, following consultations with Ukraine, at any time request the withdrawal of Ukraine’s contribution.

5.   A Senior Military Representative (SMR) shall be appointed by Ukraine to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.

Article 11

Financial aspects

1.   Without prejudice to Article 12, Ukraine shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (2).

2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Ukraine shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on status of forces, if available, as referred to in Article 3(1) of this Agreement.

Article 12

Contribution to the common costs

1.   Ukraine shall contribute to the financing of the common costs of the EU military crisis management operation as defined in the Council Decision mentioned in Article 11.

2.   The financial contribution of Ukraine to the common costs shall be the lower amount of the following two alternatives:

In calculating 2(b), where Ukraine contributes personnel only to the Operation or Force Headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. Otherwise, the ratio shall be that of all personnel contributed by Ukraine to that of the total personnel of the operation.

3.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to the common costs of a particular EU military crisis management operation when:

4.   An arrangement shall be concluded between the Administrator provided for in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications, and the competent administrative authorities of Ukraine. This arrangement shall include, inter alia, provisions on:

SECTION IV

FINAL PROVISIONS

Article 13

Arrangements to implement the Agreement

Without prejudice to the provisions of Articles 8(5) and 12(4), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, and the appropriate authorities of Ukraine.

Article 14

Non-compliance

Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.

Article 15

Dispute settlement

Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.

Article 16

Entry into force

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.

2.   This Agreement shall be subject to review not later than 1 June 2008, and subsequently at least every three years.

3.   This Agreement may be amended on the basis of mutual written agreement between the Parties.

4.   This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.

Done at Luxembourg, on 13 June 2005, in the English language in four copies.

For the European Union

For Ukraine

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(1)OJ L 101, 11.4.2001, p. 1. Decision as amended by Decision 2004/194/EC (OJ L 63, 28.2.2004, p. 48).

(2)OJ L 63, 28.2.2004, p. 68. Decision as last amended by Decision 2005/68/CFSP (OJ L 27, 29.1.2005, p. 59).

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ANNEX

TEXT OF DECLARATIONS

DECLARATION BY THE EU MEMBER STATES

The EU Member States applying an EU Joint Action on an EU crisis management operation in which Ukraine participates will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against Ukraine for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

DECLARATION BY UKRAINE

Ukraine applying an EU Joint Action on an EU crisis management operation will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

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Corrigenda

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Corrigendum to of Decision No 197 of 23 March 2004 on the transitional periods for the introduction of the European Health Insurance Card in accordance with Article 5 of Decision No 191

(Official Journal of the European Union L 343 of 19 November 2004)

On page 30, in Annex I, second column, against United Kingdom:

for:

‘31 December 2005’

read:

‘31 August 2005’.

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Corrigendum to Commission Regulation (EC) No 1067/2005 of 6 July 2005 amending Regulation (EC) No 562/2000 laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards the buying-in of beef

(Official Journal of the European Union L 174 of 7 July 2005)

On page 63, in Annex II:

for:

‘Deutschland

read:

‘Deutschland

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